The recovery of a vehicle by a private seller rather than by a lending institution such as a bank.
If the repossessor is allowed in, yes. They cannot force their way into the community.
States establish repossession laws and the procedure will differ depending upon the state in which the vehicle is located. The one factor that is common in all US states to repossess a vehicle is that the person seeking the recovery has a legal right to do so. For example, the party who is owed the debt is shown as a lien holder on the title of the vehicle.
what are the legalities of voluntary vehicle repossession
If the repossession occurred in a state that does not permit self-help repossession, report the car stolen; it cannot be legally repossessed. Louisiana and Wisconsin are two of these states. If you can show legal possession of the vehicle, and on time payment, report the car stolen. It cannot be legally repossessed in any state unless the debt is delinquent. If you do not wish to involve LEO's immediately, contact the private party who "repossessed" the vehicle and explain that if it is not returned within a reasonable amount of time, that you will report the vehicle stolen and give his name as the party responsible. There is no legal "personal reason" for repossessing a vehicle.
As a repossession investigator and agent liason, I can tell you that yes, in fact, I know of several instances of felony charges being filed against an individual for hindering repossession of a vehicle. Your lawyer's response may have been motivated more by the fact that he felt confident that he could successfully prevent prosecution, but nothing will prevent the vehicle from being repossessed aside from the destruction of the vehicle. In the event the possessor of a vehicle under repossession were to destroy a vehicle to prevent that repossession, he could then be charged with malicious destruction of private property and hindering a lender.
Sample letter of vehicle repossession for the state of texas
I am not 100% on this but I am almost certain that they can as if an item is inside the home they can come in to take those
In the event that the possessor of the vehicle is not a contracted party, or if the contracted party is actively seeking to hinder repossession, then yes, the lender can report the vehicle stolen.
In most states there is no legal recourse when you buy a used vehicle from a private party. This is true in California, for instance. Private parties are not required to offer any kind of warranty on used vehicles.
If the repossession agent can get to the vehicle without breaking anything or causing a civil disturbance, he can take it. Private, public, or government property, or who signed the loan is irrelevent.
yes you do baby
At the dealership or buying a used vehicle via private party.
I don't think there is a statute of limitation on repossession of a vehicle anywhere as long as there is an overdue payment outstanding.
If I live in Kansa but buy a car from a private party in Texas, how is sales tax calculated on the vehicle.
No, as of 2005 Nevada does not tax private-party vehicle sales, but only if the buyer is a legal resident of the state.
Dealerships are not typically recognized repossession agents, however, if you bring in a vehicle for service, and a valid repossession order exists for that vehicle, the delareship may secure the vehicle for the lender so that repossession may take place.
Contact an attorney.
pay what you owe
A "repossession notice" is a civil matter. A police oficer cannot hold the vehicle for repossession. Unless, there has been a court proceeding and the judge has ordered the vehicle held if stopped. A repossession notice also cannot stop the registration of a vehicle.
That's a little bit of a vague question. What do you mean by firearms are involved? There were firearms in the vehicle? Someone threatened you with a firearm? What?
Wave goodbye to the car and all its contents. Oh! You can remove your children and pets, I almost forgot. * The lender must send the borrower a "Right To Cure" notice twenty days before initiating repossession methods. The exceptions to the law are, "skips", leased vehicles, lack of insurance coverage on vehicle, or the vehicle is in the possession of a third party. The repossession must be done without constituting a breach of peace as defined under Colorado law (vehicle cannot be removed from a garage or other private building locked or unlocked, vehicle cannot be removed from posted property or by means of removing a lock or other device upon a gated area, and so forth).
a voluntary repossession is where you turn over the vehicle instead of us having to come get it from you. www.aerecoveryandtowing.com
NO see CALIFORNIA CODES BUSINESS AND PROFESSIONS CODE SECTION 7507
No, you have it wrong. The repossession guys found THE BANK'S car. Once the bank takes the right paperwork to the court, the vehicle is no longer yours and you have no rights to it. The bank may have hired a private investigator to find the vehicle, especially if there is enough value that they want to pay off some of the loan.